I-3 - Taxation Act

Section 1034.0.0.2 Disposition versions

2020-09-24

1034.0.0.2. Where an amount is required to be added under section 766.3.4 in computing a specified individual’s tax otherwise payable under this Part for a taxation year and the specified individual has not attained the age of 24 years before the year, the following rules apply:

(a)  subject to subparagraph b, any of the following persons is solidarily liable with the specified individual to pay that amount:

i.  if the specified individual has not attained the age of 17 years before the year, the father or mother of the specified individual, and

ii.  if the specified individual has attained the age of 17 years before the year, the source individual in respect of the specified individual where

(1)  the amount was derived directly or indirectly from a related business in respect of the specified individual, with reference to paragraph d of section 766.3.3.1, and

(2)  the source individual meets the conditions set out in any of paragraphs a to c of the definition of “related business” in the first paragraph of section 766.3.3 in respect of the related business; and

(b)  the liability of any of the persons referred to in subparagraph a in respect of the specified individual for the year is to be determined as though the only amounts included in the specified individual’s split income for the year are amounts derived from the related business referred to in subparagraph ii of subparagraph a.

However, nothing in this section limits the liability of the specified individual under any other provision of this Act or the liability of any of the persons referred to in subparagraph a of the first paragraph for the interest that the person is liable to pay under this Act on an assessment in respect of an amount that the person is liable to pay because of this section.

2001, c. 53, s. 229; 2015, c. 21, s. 493; 2020, c. 16, s. 162.

2015-10-21

1034.0.0.2. The father or mother of a specified individual is solidarily liable with the individual for the tax required to be added because of section 766.3.4 in computing the individual’s tax otherwise payable under this Part for a year if, during the year, the father or the mother, as the case may be,

(a)  carried on a business that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(b)  was a specified shareholder of a corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(c)  was a specified shareholder of a corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year;

(d)  was a shareholder of a professional corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year; or

(e)  was a shareholder of a professional corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year.

2001, c. 53, s. 229; 2015, c. 21, s. 493.

2006-03-01

1034.0.0.2. The father or mother of a specified individual is solidarily liable with the individual for the tax required to be added because of section 766.6 in computing the individual’s tax otherwise payable under this Part for a year if, during the year, the father or the mother, as the case may be,

(a)  carried on a business that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(b)  was a specified shareholder of a corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(c)  was a specified shareholder of a corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year;

(d)  was a shareholder of a professional corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year; or

(e)  was a shareholder of a professional corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year.

2001, c. 53, s. 229.